Custody Of A Child Whose Mother Is an Alcoholic

Question

The mother of my children has a problem with alcohol, who gets custody of the children?

Answer

As per Islamic law, custody of a child, in the case of separation between the spouses, revolves around both parents depending on the age and gender of the child. In the case of a boy, the mother is entitled to custody until the age of seven, and thereafter the right of custody is transferred to the father. As for a girl, the mother is entitled to custody until the age of nine, which is subsequently transferred to the father. However, irrespective of which parent has custody, the other parent should be afforded visitation rights; similarly the weekends and school holiday may be shared with mutual consultation and agreement.

However, if the parent (i.e. mother) or the maternal grandmother that is entitled to custody of the child gets involved in any form of evil such as alcohol abuse, substance abuse, etc. which will have a negative and harmful effect on the child, then their right of custody falls away. In this case, the paternal grandmother is afforded the right of custody; until the child reaches such the age when custody is transferred to the father of the child

Checked and Approved By:

Mufti Muhammed Saeed Motara Saheb D.B.

References

شامى ص ٥٦٦ ج٦ 

Ahsanul Fataawa; pg.459 vol.5

Disclaimer
Purpose and Scope
The information provided on this website is intended for informational and educational purposes only. Fatawa provided on this website are context-dependent, scenario-specific and are impacted by interpretations and individual circumstances.
The information provided on this website is not a substitute for an independent, scenario-specific question, and must not be used to determine or establish a ruling for any other circumstance, situation or dispute.
Accuracy and Reliability
While Darul-Ifta - Darul Uloom Azaadville strives for accuracy, errors may occur. Users are encouraged to verify information independently and notify the Darul-Ifta of any discrepancies.
We reserve the right to edit, moderate or remove any content.
No Legal Authority
Fatawa provided on this website are not legal judgments but rather religious rulings. Legal matters should be addressed through appropriate legal channels.
Acceptance
By using this website, users agree to these terms and conditions.